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Previously Developed Land: Industrial Activities and Contamination, Second Edition PDF

250 Pages·2004·2.714 MB·English
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PDLA01 8/9/05 12:06 PM Page i Previously Developed Land Industrial Activities and Contamination Second Edition Paul Syms PDLA01 8/9/05 12:06 PM Page ii © 2004 by Paul Syms and Blackwell Publishing Ltd Editorial offices: Blackwell Publishing Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK Tel: +44 (0)1865 776868 Blackwell Publishing Inc., 350 Main Street, Malden, MA 02148-5020, USA Tel: +1 781 388 8250 Blackwell Publishing Asia Pty Ltd, 550 Swanston Street, Carlton, Victoria 3053, Australia Tel: +61 (0)3 8359 1011 The right of the Author to be identified as the Author of this Work has been asserted in accordance with the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Published under the title Desk Reference Guide to Potentially Contaminative Land Usesby ISVA 1999 Second edition published 2004 by Blackwell Publishing Ltd Library of Congress Cataloging-in-Publication Data Syms, Paul M. Previously developed land : industrial activities and contamination / Paul Syms. – 2nd ed. p. cm. Enl. ed. of: Desk reference guide to potentially contaminative land uses. Includes bibliographical references (p. ) and index. ISBN 1-4051-0697-2 (pbk. : alk. paper) 1. Brownfields–Great Britain. 2. Brownfields–Law and legislation–Great Britain. 3. Reclamation of land–Great Britain. 4. Soil pollution–Risk assessment–Great Britain. I. Syms, Paul M. Desk reference guide to potentially contaminative land uses. II. Title. HD598.S95 2004 333.77–dc22 2004007272 ISBN 1-4051-0697-2 A catalogue record for this title is available from the British Library Set in 10/13pt Palatino by Graphicraft Limited, Hong Kong Printed and bound in Great Britain by T J International, Cornwall Thepublisher’s policy is tousepermanentpaper from mills that operate a sustainable forestry policy, andwhich hasbeenmanufacturedfrompulp processed usingacid-free and elementary chlorine-free practices. Furthermore, the publisher ensures that the text paper and cover board used havemet acceptable environmental accreditation standards. For further information on Blackwell Publishing, visit our website: www.thatconstructionsite.com PDLA01 8/9/05 12:06 PM Page iii Contents Foreword vii Preface ix Biographies xii Part A Issues Influencing Redevelopment and Value 1 1 Introduction and policy context 3 1.1 Introduction 3 1.2 Overview of government policy on sustainable development and previously developed land (PDL) 10 1.3 Development agencies 12 1.4 Other organisations 18 1.5 Environmental Protection Act 1990, Part IIA 20 1.6 Contaminated Land Exposure Assessment (CLEA) 24 1.7 Summary 34 Checklist 35 2 Approaches to valuation 36 2.1 Introduction 36 2.2 Recent and current research 39 2.3 Valuation of ‘non-investment’ properties 45 2.4 Stigma and the effects of ‘time’ and ‘information’ 48 2.5 Summary 55 Checklist 56 3 Barriers to redevelopment 57 3.1 Introduction 57 3.2 Fear of the unknown 57 3.3 Regulatory controls 62 iii PDLA01 8/9/05 12:06 PM Page iv iv Contents 3.4 Delays and increased costs 68 3.5 Stigma 72 3.6 Overcoming the barriers 74 Checklist 75 4 Recording land condition 76 Judith Lowe 4.1 Introduction 76 4.2 Information on land condition 76 4.3 The Land Condition Record (LCR) 79 4.4 The Specialist in Land Condition (SiLC) Registration scheme 87 4.5 Conclusions 90 Checklist 91 5 A few legal predictions 92 Paul Sheridan 5.1 Introduction 92 5.2 Relevant laws 93 5.3 Economic and fiscal instruments 98 5.4 Energy and climate change 102 5.5 Corporate governance and financial reporting 103 5.6 Conclusion 104 Checklist 104 6 Modernising the British planning system 105 Ted Kitchen 6.1 Introduction 105 6.2 The component elements of the British planning system 106 6.3 The passage of time 108 6.4 The Government’s case for modernising the British planning system 115 6.5 The Government’s system – change proposals 116 6.6 Changing the culture of planning 118 6.7 The challenge of change 120 Checklist 123 7 Geographical Information Systems 124 James Cadoux-Hudson & Donna Lyndsay 7.1 Introduction 124 7.2 GIS and previously developed land 126 7.3 Using a GIS database to assist in the redevelopment of PDL 134 PDLA01 8/9/05 12:06 PM Page v Contents v 7.4 Other historical datasets and maps 136 7.5 Current sources 138 7.6 Conclusion 141 Checklist 142 Part B Industrial Activities and Contamination 143 8 Industrial activities and their potential to cause contamination 145 8.1 Introduction 145 8.2 The potential for contamination 148 8.3 The Land Use Categories – a brief description 153 8.4 Summary 154 Industrial Activities: contaminants, processes and case studies 157 Airports and similar uses 158 Animal slaughtering and by-products 160 Asbestos manufacture and use 162 Concrete, ceramics, cement and plaster works 164 Disinfectants manufacture 165 Dockyards and wharves 167 Electrical and electronics manufacture, including semi-conductor manufacturing plants 169 Electricity generating 171 Engineering 173 Explosives industry, including fireworks manufacture 176 Fertiliser manufacture 178 Film and photographic processing 179 Fine chemicals, including dyestuffs and pigments manufacturing 180 Food processing, including brewing and malting, distilling of spirits 182 Garages, including sale of automotive fuel, repair of cars and bikes 183 Gasworks, coke works, coal carbonisation and similar 185 Glass manufacture 187 Iron and steelworks 188 Laundries and dry-cleaning 190 Metal smelting and refining, including furnaces and forges, electroplating, galvanising and anodising 191 Mining and extractive industries 194 Oil refining, petrochemicals production and storage 196 PDLA01 8/9/05 12:06 PM Page vi vi Contents Organic and inorganic chemicals production 198 Paints, varnishes and ink manufacture 200 Paper and printing works, including newsprint 202 Pesticides manufacture 203 Pharmaceutical industries, including cosmetics and toiletries 205 Plastic products manufacture, moulding and extrusion; building materials; fibreglass; fibreglass resins and products 207 Radioactive materials processing and disposal 208 Railway land, including yards and tracks 209 Rubber products and processing 211 Scrapyards 212 Sewage treatment works 213 Tanning and leatherworks 215 Tar, bitumen, linoleum, vinyl and asphalt works 217 Textiles manufacture and dyeing 218 Timber treatment works 219 Transport depots, road haulage, commercial vehicle fuelling, local authority yards and depots 221 Waste disposal sites, including hazardous wastes, landfills, incinerators, sanitary depots, drum and tank cleaning, solvent recovery 223 References 225 Department of the Environment – Industry Profiles 231 Useful internet addresses 234 Index 237 PDLA01 8/9/05 12:06 PM Page vii Foreword Living in Hong Kong as I do, I am only too aware of the value of land as a scarce resource and, in the context of any aspiring city, of the need to find ways of releasing its latent development potential and ensuring its overall contribution to the urban fabric. This is particularly so in the case of previously developed or brownfield sites, which for centuries may have been occupied by industrial or manufacturing operations which have now fled to more suitable and cheaper environs and have left behind serious issues resulting from contamination and dereliction. The challenges involved in bringing such land back into re-use necessitate not only skills in the areas of decontamination but also a clear understanding of all the aspects of the land conversion process, be it relating to engineering or design, land use planning, viability and financial analysis, project costing, a clear understanding of the market or development, construction, marketing and management skills. More particularly, it requires a team or consortium approach by the client advisory team and an appreciation of the roles of each and all of the professionals who can contribute to the success of such a project. In his book Previously Developed Land, Paul Syms aims to provide those professionals not directly involved with remediation or treatment of contamination with a better understanding and appreciation of the role that such specialists can play and the contribution that they make. It is therefore a welcome addition to the sources of reference which support the case for a multi-disciplinary approach in such instances, bringing together and blending the best from a whole range of disciplines. In particular Paul highlights the benefits that can be achieved when addressing the redevelopment of sites, hitherto occupied by industry. Specifically, Paul is to be congratulated on presenting the vii PDLA01 8/9/05 12:06 PM Page viii viii Foreword case in a clear and well argued way and I am sure his book will not only be read by those wishing better to appreciate and as a result avoid the problems that might be encountered, but also by those remediation professionals who themselves require a quick reference guide. Nicholas Brooke President 2003–04 Royal Institution of Chartered Surveyors PDLA01 8/9/05 12:06 PM Page ix Preface This work may be seen as a substantially enlarged and revised successor to the Desk Reference Guide to Potentially Contaminative Land Uses, which was based on research undertaken over a six-year period up to 1999 and is now sold out. My objective has been to produce a book that will be of benefit to practitioners and students across the wide range of disciplines concerned with our physical environment. The book responds to UK Government policies that focus upon the re-use of previously developed land in preference to the use of green- fields. It is intended for use by developers undertaking, or contem- plating, projects involving land re-use, as well as the members of their professional teams. Valuation surveyors should find it of benefit when deciding upon the extent to which current or previous indus- trial activities may have affected land values. I hope that engineers and environmental consultants will also find it to be a useful reference source. As part of the Desk Reference Guide I produced a hierarchy table ‘intended to represent the likelihood of encountering contaminants which will require some form of remediation’. In the preface to the guide I acknowledged that some readers ‘may question, or even challenge, the ranking or risk categorisation applied to the different industrial uses’ and I welcomed comments or suggestions as to how the work might be improved. Critics of the guide were extremely small in number and their criticisms related only to questioning the assumptions used in preparing the hierarchy table. For the most part the comments received were highly appreciative, acknowledging the value of having, in a single volume, such a ‘ready reference’ to the potential problems that may result from our industrial legacy. A number of local authorities subsequently went on to use the guide as the means for prioritising inspections of land required as part of their strategies in implementing Part IIA of ix PDLA01 8/9/05 12:06 PM Page x x Preface the Environmental Protection Act 1990. Comments such as these have encouraged me to produce the present work. Previously Developed Land: Industrial Activities and Contamination builds on the earlier work by including several chapters on topics directly related to the re-use and valuation of land that has been previously developed. As with the Desk Reference Guide the work is divided into two parts. Part A – Issues Influencing Redevelopment and Value – opens with an introductory chapter that sets the policy context and leads into chapters on valuation, property development, recording land condi- tion, legal issues, town planning and geographical information systems. Several authors who are leading authorities in their fields have contributed chapters in this section. Judith Lowe, an engineer and advisor to various government departments and agencies, explains the importance of maintaining accurate records of land condition. Paul Sheridan, the Head of Environmental Law at CMS Cameron McKenna, looks at the development of environmental legislation con- cerning land contamination and associated matters. Ted Kitchen, Professor of Town Planning and Urban Regeneration at Sheffield Hallam University, discusses impending changes to the planning sys- tem. James Cadoux-Hudson and Donna Lyndsay, from Landmark Information Group, describe the role of Geographical Information Systems (GIS) in recording and assessing land contamination. Dr Simon Johnson, of Certa, kindly brought me up to date with regard to the availability of insurance to cover land contamination and associ- ated risks. I should like to thank them all for their contributions. Part B – Industrial Activities and Contamination – examines indus- trial activities, grouped into 39 categories, with brief descriptions of the processes involved and the contaminants that might be found on land previously used for these activities. The potential for contamina- tion to occur exists at all stages in manufacturing activities, from the delivery of raw materials, through the manufacturing process itself to the disposal of wastes, and I should like to thank Iain McBurnie, one of my dissertation students on the BSc Environmental Management at Sheffield Hallam University for his excellent graphic, which clearly sets out the problems. As an addition to the brief descriptions, several leading site invest- igation and soil remediation experts have contributed their own thoughts on particular problems that might arise, including a number of mini case studies. In particular I should like to thank Dr Tom Henman at Enviros, Mike Smith at BAE Systems Property and Environmental Services and Mike Summerskill at SEnSE Associates LLP for their contributions.

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